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ARTICLE · 07 AUGUST 2023

US: No More Affirmative Action On Race In Admissions

The US Supreme Court has ruled that race-based college admission programmes are unlawful. As concerns grow that workplace diversity, equity and inclusion (DEI)...

GlobalCorporate/Commercial Law

UK employers should not overestimate the importance of the US Supreme Court's recent decision on race-based affirmative action.

The US Supreme Court has ruled that race-based college admission programmes are unlawful. As concerns grow that workplace diversity, equity and inclusion (DEI) initiatives could come under similar challenges, we look at the position for positive action programmes in the UK.

Knock-on consequences for US workplace diversity programmes?

The US Equal Opportunities Commission was quick to point out that the ruling does not directly impact workplace diversity initiatives. Those are governed by a different US legal regime. The ruling has led to concerns, however, that US workplace diversity initiatives could be impacted indirectly. This is for two main reasons. First, when companies look to hire graduates in future, diversity in the candidate pool may start to drop. Second, there is a growing nervousness that workplace diversity

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